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States Emerging From Eviction Moratoria, What's Next?


Jul 23, 2020 by Deidre Woollard

On July 25, the national eviction moratorium for renters in properties in federally-subsidized housing or with a federally-backed mortgage will expire. The moratorium was originally set up as part of the CARES Act. Tenants who are covered will have another 30 days to leave their homes.

As of this writing, the moratorium has not been extended. A group of United States Senators sent a letter to U.S. Department of Housing and Urban Development Secretary Ben Carson, U.S. Department of Agriculture Secretary Sonny Perdue, and Federal Housing Finance Agency Director Mark Calabria asking them to enforce the housing bans already in place.

The Emergency Housing Protections and Relief Act, which passed in the House in May, would expand the national eviction moratorium to all renters and extend it until March 27, 2021. It would also provide $100 billion for an emergency rental assistance fund, expand forbearance protections for landlords, and deliver additional funds for federal housing assistance programs. It passed a vote in the House but is not expected to pass in the Senate. If passed, it would extend the national eviction moratorium through March 2021.

A varied response led to confusion

During the COVID-19 pandemic, many states set up their own eviction moratoria, each with their own rules. On top of that, many cities and towns created their own rules, some of which were in conflict with statewide legislation. Tenants have been uncertain on where to go for help.

These bans have also put pressure on landlords because the rules on forbearance through the CARES Act only applied to owners with federally-backed mortgages. Landlords who were ineligible for forbearance and have sought to challenge the eviction bans struggled to have their cases heard.

States are also responsible for using CARES Act funding to establish rental assistance and foreclosure prevention programs. Below I've compiled a list briefly describing the 50 states' policies. As you'll see, some states have set up funds to offer both rental assistance for tenants and landlords as well as programs that focus on foreclosure prevention.

As some states emerge from eviction moratoria, housing groups are concerned about spikes in the number of evictions and in homeless numbers. As many as 19 to 23 million renters could be at risk of eviction by September. The National Low Income Housing Coalition has called for a more comprehensive eviction moratorium as well as an additional $100 billion in federal funding to help both renters and landlords.

What happens next is anyone's guess. With some states changing their rules on reopenings, eviction moratoria could also be reinstated or extended. The federal government may approve a new round of funding or rental assistance. We will continue to monitor this evolving story.

Alabama

Alabama's statewide eviction moratorium expired as of June 1. Residents of HUD and properties or rentals covered under the CARES Act are still protected. Governor Kay Ivey has extended Alabama's State of Emergency through September 9.

Alaska

Alaska's SB 241 extended Governor Mike Dunleavy's declaration of a public health disaster emergency. The law blocked eviction for nonpayment of rent if they're experiencing hardship due to COVID-19. Those protections expired on July 1.

Arizona

Governor Ducey issued an executive order in March temporarily delaying evictions for people impacted by COVID-19 for up to 120 days. That order was extended until October 31.

Arkansas

Arkansas never had an eviction moratorium in place. Various renters organizations throughout the state have held protests to pressure Governor Asa Hutchinson into creating a moratorium.

California

Governor Gavin Newsom has issued an updated executive order giving local governments the authority to pause evictions for renters until September 30. Some of the state's larger communities have taken action. San Francisco has extended its moratorium indefinitely.

Colorado

On April 30, Colorado Governor Jared Polis issued an executive order enacting a statewide eviction moratorium. Colorado's eviction moratorium expired in June, but Governor Polis signed a new executive order that requires landlords to give tenants 30 days notice before eviction. The 30-day period is designed to give tenants a chance to stay in their homes. Landlords and lenders also weren't able to charge late fees or penalties for nonpayments from May 1, 2020 until June 13, 2020.

Connecticut

Governor Ned Lamont has extended Connecticut's eviction moratorium until August 25. The state has created a $33.3 million housing program that provides funds for rental assistance, mortgage relief, and eviction prevention.

Delaware

Delaware has resumed filings for evictions and foreclosures, but all evictions must be reviewed to see if mediation or another intervention could resolve the problem. Delaware is also implementing education on foreclosure and eviction for homeowners and renters and creating programs that include potential financial assistance.

Florida

Governor Ron DeSantis has extended a suspension on mortgage foreclosures and evictions until August 1. The last-minute decision to extend the suspension didn't sit well with some landlords who were planning eviction filings.

Update: the moratorium has now been extended through September 1.

Georgia

There was no formal eviction moratorium in Georgia throughout the COVID-19 crisis. However, landlords who receive stimulus money due to COVID-19 cannot evict a tenant for nonpayment of rent until July 26, 2020. There is also a 30-day notice requirement in place. Georgia has one of the highest eviction rates in the United States.

Hawaii

On April 18, Governor David Ige signed an eviction moratorium that was subsequently extended multiple times. The most recent extension is to July 31, 2020.

Idaho

Idaho did not put a statewide eviction moratorium in place. Instead, it has relied on the CARES Act moratorium.

Illinois

Governor J.B. Pritzker first issued an executive order pausing enforcement of residential evictions until April 8. The moratorium has now been extended through July 31.

Indiana

On March 20, Governor Eric J. Holcomb issued an executive order pausing evictions and foreclosures. That original order has now been extended through July 31.

Iowa

Iowa Governor Kim Reynolds let a temporary suspension of some evictions and foreclosure proceedings expire. In June, Reynolds updated Iowa's state of public health emergency. The Iowa Finance Authority has created a COVID-19 Iowa Eviction and Foreclosure Prevention Program that offers aid to Iowans who can prove they are at risk of eviction or foreclosure due to COVID-19 and meet certain income requirements. Renters can receive a maximum of $3,200 and homeowners may be eligible for a maximum of $3,000.

Kansas

Kansas Governor Laura Kelly signed an executive order on March 20 to order financial institutions to pause both business and residential evictions as well as mortgage foreclosures until May 1. She allowed that order to expire. Some evictions are moving forward as courts reopen, but some renters and homeowners are covered under the CARES Act.

Kentucky

Kentucky's High Court rescinded an original order that called for eviction filings to start in July. Instead, the court allowed evictions for issues other than nonpayment of rent to start in June.

Louisiana

Louisiana Governor John Bel Edwards announced on March 18 that the state was suspending foreclosures and evictions. He let the eviction moratorium expire on June 15. In Louisiana, landlords must give tenants five days' notice before eviction.

Maine

Governor Janet Mills issued an executive order banning evictions except for unlawful circumstances during the duration of Maine's state of emergency. The order is set to expire at the end of July, which means eviction hearings could start August 3. The state has also created a rent relief fund that will offer one-time $500 payments directly to landlords for people who are struggling to pay rent.

Maryland

Maryland's eviction moratorium is expected to expire July 31. Local lawmakers have asked Governor Larry Hogan to extend the moratorium to Jan. 31, 2021. Governor Hogan announced $30 million in new funding to prevent evictions. The program includes $20 million for eviction prevention support and $10 million for an assisted housing relief program, which helps pay back rent to landlords.

Massachusetts

On April 22, Governor Baker signed eviction moratorium legislation that lasts until either August 18 or 45 days after the governor lifts the state of emergency. The ban applies to non-essential evictions as well as to qualified small businesses. Boston's eviction moratorium has been extended through the end of the year.

Michigan

Governor Gretchen Whitmer first issued an executive order on March 20 temporarily halting evictions for nonpayment of rent. Subsequent orders have suspended evictions until July 15. After that, the Eviction Diversion Program will go into effect to offer rental assistance. A total of $50 million of rental assistance will be made available in the form of lump-sum payments to landlords in exchange for allowing tenants to remain in their homes, forgiving late fees and up to 10% of the amount due. Tenants whose back rent is not completely covered by the Eviction Diversion Program will be entered into manageable payment plans.

Minnesota

The current eviction moratorium will transition on August 4 to allow evictions for property damage. Governor Walz announced that up to $100 million of funding will be allocated from the state's COVID-19 Relief Fund to create a new housing-assistance program.

Mississippi

Mississippi's eviction moratorium expired on June 1. The Mississippi Home Corporation has created the Rental Assistance for Mississippians Program (RAMP), a nearly $8 million rental- assistance program.

Missouri

No eviction moratorium in place. Eviction proceedings in court are currently suspended in Jackson County. Tenants have asked Governor Mike Parson for a statewide moratorium.

Montana

The statewide eviction moratorium in Montana has ended, but some protections are still in place for those who are vulnerable to COVID-19 and meet other conditions. Montana Housing’s Emergency Housing Assistance program provides rent, security deposit, and mortgage payments for Montanans who have lost a job or substantial income as a result of COVID-19. The total funding available is $50 million.

Nebraska

Nebraska's statewide moratorium expired at the end of May.

Nevada

Evictions have been paused until the end of August. A recent report suggested that over 300,000 Nevada residents could be at risk for eviction when the moratorium expires.

New Hampshire

New Hampshire's eviction moratorium expired on July 1. New Hampshire Governor Chris Sununu expanded the state's eviction cure period from seven days to 30 days. The state's $35 million from the CARES Act is being distributed through the state's Community Action Program agencies. Initially, $20 million will be distributed in the form of one-time grants, with $15 million held in reserve for rent stabilization and housing support

New Jersey

New Jersey Governor Phil Murphy issued an executive order on pausing evictions indefinitely. The New Jersey Supreme Court controls court proceedings related to eviction and has started hearing cases again.

New Mexico

No statewide eviction moratorium in place. Anyone who has received an eviction notice is asked to call the state's COVID-19 general hotline at 833-551-0518.

New York

Governor Andrew Cuomo has enacted a three-month suspension of all commercial and residential evictions. As of May 7, evictions were suspended until August 20. At the end of June, Governor Cuomo signed into law the New York Tenant Safe Harbor Act, which provides protection from eviction to residential tenants who experienced financial hardship during the COVID-19 State of Emergency.

Update: Statewide evictions have been paused until September 4.

North Carolina

North Carolina's eviction moratorium expired on June 20.

North Dakota

Court evictions resumed as of April 22. The North Dakota Department of Human Services' COVID Emergency Rent Bridge program offers temporary rental assistance.

Ohio

No statewide eviction moratorium was put in place. As many as 800,000 Ohioans could face eviction.

Oklahoma

Oklahoma’s county courts suspended most of their activities until May 18. In June, Governor Stitt announced $10 million towards an eviction-mitigation grant program and $100 million for the Oklahoma Business Relief Program.

Oregon

Oregon Governor Kate Brown passed an executive order granting a 90-day eviction moratorium on March 22. That order has now been extended through September 30. Oregon has allotted $95 million to Oregon Housing and Community Services, $55 million of which will be used for rental relief funds. This will augment the state's existing rent relief program.

Pennsylvania

Governor Wolf has extended the eviction and foreclosure moratorium statewide until August 31. Pennsylvania has created a program that offers $150 million for rental assistance and $25 million for mortgage assistance through the Pennsylvania Housing Finance Authority with CARES Act funds.

Rhode Island

Rhode Island's eviction moratorium expired on July 1. The state's program, Housing Help RI, provides assistance to renters but is currently closed to new applications. The state has partnered with the United Way on a Safe Harbor program that helps landlords and tenants resolve disputes and avoid eviction.

South Carolina

South Carolina extended its eviction moratorium through May 15. That eviction moratorium has expired. SC Housing has created a $5 million fund to provide emergency rental assistance, and eligible households could receive rental assistance of up to $1,500, with payments

made directly to landlords or management companies.

South Dakota

South Dakota did not put an eviction moratorium in place.

Tennessee

The Tennessee Supreme Court lifted its suspension on eviction cases as of June 1.

Texas

The Texas Supreme Court issued an order stopping eviction proceedings through May 18. Some individual counties still have orders in place.

Utah

A statewide eviction moratorium expired on May 15. A statewide assistance program funded by the CARES Act has been established.

Vermont

As of May 1, the state passed a law that will keep an eviction moratorium in place until 30 days after Vermont exits its state of emergency due to COVID-19. Starting July 13, the Vermont State Housing Authority launched the Rental Housing Stabilization Program, with $25 million in funding. The program will pay landlords directly if tenants are in arrears.

Virginia

The Supreme Court of Virginia has suspended all new eviction cases in the Commonwealth of Virginia for tenants unable to pay rent as a result of COVID-19 through April 6. The eviction moratorium was extended through June 28 and then expired. Governor Northam asked courts to continue to suspend evictions, but evictions are proceeding in some counties. The Virginia Rent and Mortgage Relief Program was created using $50 million in funding from the CARES Act to provide assistance for both renters and homeowners.

Update: The Virginia State Supreme Court has granted a temporary stay on evictions through September 7.

Washington

Governor Jay Inslee has extended a statewide eviction moratorium through August 1. The governor has also allocated $300 million of CARES Act funding for rental assistance throughout the state. Various state and local housing groups have asked Governor Inslee to extend the moratorium.

Washington, D.C.

The D.C. Supreme Court suspended evictions of all tenants and foreclosed homeowners. All evictions are postponed until the end of the state emergency put in place by Washington Mayor Muriel Bowser. The order is set to expire on July 24, but Bowser has indicated she will likely extend it through early October.

West Virginia

No statewide eviction moratorium was ever established and courts have reopened. West Virginians in need of assistance with an eviction are encouraged to call 2-1-1 or visit WV211.org.

Wisconsin

As of March 27, Governor Tony Evers issued an executive order prohibiting landlords from terminating a tenancy for failure to pay rent and pausing evictions and foreclosures for 60 days. That order expired at the end of May, leading to a spike in evictions. A moratorium on power and utility shutoff ends July 25.

Wyoming

Wyoming never put an eviction moratorium in place, but the Wyoming Supreme Court paused in-person court proceedings, including evictions, through May 31. Governor Gordon has allotted $15 million for an eviction prevention program administered by the Wyoming Community Development Authority.

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